New York State Laws and Regulations that Differ from Federal Requirements

May 2010

To:
District Superintendents
Superintendents of Schools
Presidents of Boards of Education
New York City Department of Education
Principals of Public Schools
Chairpersons, Committees on Preschool Special Education
Chairpersons, Committees on Special Education
Approved Private Schools for Students with Disabilities
Approved Preschool Programs for Children with Disabilities
Other New York State Agencies
State-operated and State-supported Schools
Organizations, Parents and Individuals Concerned with Special Education
Impartial Hearing Officers
Commissioner's Advisory Panel for Special Education Services
Regional Special Education Technical Assistance Support Centers
Special Education Parent Centers
Early Childhood Direction Centers
From:
James P. DeLorenzo

Pursuant to 20 United States Code (U.S.C.) § 1407(a)(2) each state is required to identify in writing to the Secretary of the United States Education Department (USED) and local educational agencies (LEAs) located in the state any rule, regulation or policy as a state-imposed requirement that is not required by the Individuals with Disabilities Education Act (IDEA) and federal regulations. The New York State Education Department (NYSED) has taken steps to conduct a comprehensive review of its laws and regulations that apply to the education of students with disabilities. The attached summary provides a list of New York State (NYS) laws and regulations that differ from federal requirements in effect on the date of the analysis. This analysis was posted for general public review and comment on the NYSED website for 60 days beginning on January 14, 2010. Comments were accepted for at least 30 days until February 25, 2010.